KUALA LUMPUR: Full transparency is needed over the Pardons Board's decision to grant former prime minister Datuk Seri Najib Razak a conditional pardon, allowing him to serve the remainder of his sentence under house arrest, says G25 Malaysia.
The group said the public should be provided with the reasons and constitutional basis for the latest decision.
"Article 42(9) of the Federal Constitution provides that the Pardons Board shall consider the written opinion of the Attorney General, while Article 40(1A), states that the Yang di-Pertuan Agong acts on the advice of the Pardons Board.
"The public should be provided with the written opinion of the AG and the representation of the Federal Territories Minister," the group said in a statement on Sunday (Sept 20).
It said the government should clarify whether the decision to grant house arrest was consistent with the AG's written advice and the representation made by the minister.
"An explanation is therefore needed on what had changed in the law, or what legal authority now existed, to provide the basis for the house arrest order," it said.
G25 also raised questions about equality before the law under Article 8 of the Federal Constitution, saying that if house arrest were to become part of Malaysia's criminal justice system, there should be clear and generally applicable laws and criteria governing it.
The group further referred to Prime Minister Datuk Seri Anwar Ibrahim's remarks on Sept 18 concerning the house arrest order, when he said the Constitution provides for the powers of the King and expressed hope that the decision could be accepted.
G25 said respect for the constitutional role of the King should not prevent questions being raised about legality, transparency and justice.
"The Constitution must be respected and so must our people," the group said, urging the government to respond to concerns over the decision and provide the public with an explanation.
